Ex-Mayor Sharpe James heads to court for sentencing

Joe Epstein/The Star-LedgerFormer Newark Mayor Sharpe James and his attorneys Thomas Ashley and Alan Zegas leave the federal court following arguments regarding his sentencing last week.

Since his conviction three months ago on fraud and conspiracy charges, former Newark Mayor Sharpe James has accomplished the once unthinkable: he has been largely unseen and unheard in the city that defined him.

But sometime late Tuesday morning or early afternoon, James will stand to face U.S. District Judge William Martini in a packed but hushed Newark courtroom. It could be the first time the legendary mayor speaks about the case since his indictment more than a year ago, when James promised "the truth will come out."

Or he could remain, uncharacteristically, silent.

Now 72, James faces more than a decade in prison -- effectively "a lifelong sentence," his attorneys have argued -- for arranging the sale of lucrative city land to Tamika Riley, his onetime mistress. Between 2001 and 2005, Riley bought nine lots in a Newark redevelopment zone for $46,000 and resold them for $665,000. She faces up to 10 years at the sentencing hearing.

A jury convicted the couple in April, concluding that Riley got preferential treatment because of her ties to James and that the mayor, a ranking state Democrat, had a duty to disclose their relationship before signing city contracts to sell her the land. Riley, 39, a publicist from Jersey City, was also found guilty of tax evasion and lying about her income to collect housing subsidies.

Both chose not to testify at trial, instead letting their attorneys argue their innocence. The same lawyers have asked that James and Riley remain free on bail while they appeal the verdict.

James spent 20 years as Newark's best-known citizen and most enthusiastic booster, but sightings of him have become rare. One observer of city politics, who asked not to be identified discussing James' doings, spotted the ex-mayor glad-handing at a festival near Lincoln Park last week. Another witness reported that James, always an exercise buff, still frequents the Y.

But whether James will address the court -- and in essence his city -- is a mystery. His attorneys, Thomas Ashley and Alan Zegas, did not respond to inquiries on the topic. (Riley will read a statement, according to her attorney, Gerald Krovatin.)

Ricardo Solano, a former federal prosecutor who teaches a class on sentencing at Seton Hall Law School, said defense attorneys often advise their clients not to speak if they plan to appeal. Attacking the verdict or asserting their innocence might antagonize the judge, he said.

James could opt for a statement that doesn't acknowledge a crime but signals a recognition of mistakes or an appreciation of the allegations, Solano said.

"He's got to walk a fine line," Solano said, adding that many attorneys require clients to prepare a written statement that they can review before sentencing. "If they are very careful, there are some things he can say."

Late last week, prosecutors and defense attorneys peppered the judge with eleventh-hour arguments over how much money Riley made in the land sales and whether the judge must apply a newer or older version of the sentencing guidelines. The questions aren't insignificant; Martini's rulings on them will help determine a recommended sentencing range, and could add or subtract years on any term.

Prosecutors contend that James deserves as much as 20 years in prison, calling him "a convicted felon who disgraced his public office and lied to the public." Martini signaled his skepticism, saying that even the 12 1/2 to 15 1/2-year range recommended by probation officials was "a stretch."

But the judge hasn't openly embraced the defense's contention that James deserves leniency because of his age, his public service and the impact of the conviction on his family.

Martini may also weigh the letters -- more than 100 -- sent to his office in the last two weeks. Most came from the former mayor's friends and political supporters. A few others, like one from Republican state senators, urged the judge to impose the harshest term allowed.

The judge is no stranger to Newark, the court system or Jersey politics. Before becoming a judge, Martini had been a federal prosecutor and defense attorney in Newark, a Passaic County Freeholder and a Congressman. James' sentence will be the judge's most prominent ruling since he was appointed in 2002.

Stephen Orlofsky, a former federal judge, said meting out punishment is among the job's toughest tasks.

"The sentencing process is a very human process. I never slept the night before any sentence because you have to look somebody in the eye the next day -- and, in the federal system, you're probably going to send them to prison," said Orlofsky, who sat in Camden until he resigned in 2003. "You want to make sure you do the right thing and send the right message -- but at the same time you want to treat him fairly."